INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The Supreme Court on Monday said an accused cannot claim parity as a matter of right to get bail if another accused in the case
has been granted the relief and rejected the bail plea of the vice president of Shakti Bhog Ltd in a money laundering case.A bench of
Justices Aniruddha Bose and Bela M Trivedi said parity is not the law and a court is required to focus upon the role attached to a
particular accused in an offence and other considerations while deciding on his bail plea.The bench also underscored that the offence of
money laundering, being a threat to national economy, be viewed in a different manner while granting bail to the accused.In this case, the
accused, Tarun Kumar, took the ground that other co-accused had been granted bail and pleaded that he too be released
Rejecting the plea, the court said different accused played different roles in the alleged offence and one of the accused was granted bail
While applying the principle of parity, the court is required to focus upon the role attached to the accused whose application is under
enshrined in Article 14 of the Constitution
However, if any illegality or irregularity has been committed in favour of any individual or a group of individuals, or a wrong order has
been passed by a judicial forum, others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same
irregularity or illegality or for passing similar wrong order
Article 14 is not meant to perpetuate the illegality or irregularity
If there has been a benefit or advantage conferred on one or a set of people by any authority or by the court, without legal basis or
seriousness of offence of money laundering, the bench said it may be noted that economic offences constitute a class apart and need to be
public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing
serious threat to the financial health of the country
seriousness of offence of money laundering, the bench said it may be noted that economic offences constitute a class apart and need to be
visited with a different approach in the matter of bail.
